What is an Amicable Divorce?
Amicable divorce is a type of civil divorce where both spouses agree to the conditions and terms of property division, child and spousal support, custody, and visitation. In other words, an amicable divorce is a peaceful divorce or uncontested divorce. There is little or no need for Court involvement or risky or expensive lawyers and litigation.
Peaceful Divorce Options
The best options for a peaceful divorce are divorce mediation or collaborative divorce. Both types of divorce avoid the stress and other issues brought about by conventional court house divorce litigation.
What Is Divorce Mediation?
Divorce mediation is a process you and your spouse decide to go through to determine what is best for both of you and your children (if applicable.) You both meet with a third party mediator who helps you both work to resolve issues enabling you to amicably end your marriage without the large costs and prolonged court battles of hiring lawyers and going through extensive legal proceedings. Some of the issues covered may include (but are not limed to) the distribution of property (liabilities and assets,) retirement, tax. child maintenance/support, parenting time and child custody. The mediators are usually lawyers or retired judges with deep familiarity with family law in your state.
Learn more about, “What Is Divorce Mediation?”
What Is Collaborative Divorce?
Collaborative divorce is the process of taking a problem and troubleshooting approach to disputes as opposed to dealing with them through the fight and win processes of the court room. Couples choosing this option use a combination of negotiations and mediation to settle the terms of their divorce. Indeed, some courts even insist divorcing parties seek either mediation or collaboration before permitting litigation in the court room. This process also saves money compared to having to pay out fees for attorneys as well as saving time and allows you to negotiate to reach the best possible result. Many collaborative divorce lawyers will offer fixed-fee rates so you know precisely how much the case will cost from the start.
Learn more about, “Collaborative Divorce”
How To Divorce Peacefully With a Mediator or Collaborative Lawyer
The steps to a peaceful divorce include:
- Make a mutual decision to get divorced
- Decide whether divorce mediation or collaborative divorce is right for you
- Contact a mediator or collaborative lawyer to begin the process
- Agree on divorce terms and conditions with your spouse through a series of mediations or collaborative divorce group sessions. Most collaborations resolve by the 3rd or 4th session, which can range from 2 to 3 hours per session.
- Sign the final binding agreements
- Have your mediator or collaborative lawyer file the final legal paperwork with the Court to sign.
How to File for Amicable Divorce?
- Select the appropriate court.
- Download and print the uncontested divorce petition papers
- Complete the petition
- Make 3 copies, sign, and date all copies in front of a notary
- File one cope with state district court
- Serve one copy to your spouse through intermediary such as professional process server or county constable, pay filing, fee and wait 30-90 days
- Prepare divorce settlement agreement
- Prepare divorce decree, sign it and have your spouse sign it in front of a notary
- File proposed order and divorce settlement agreement with the county clerk after statutory waiting period expires
Or, you can hire a Divorce Mediator to do all the leg work for you. Check out our Amicable Divorce Checklist.
- “Amicable Divorce Facts and Tips – Divorce Source.” Divorcesource.com, www.divorcesource.com/ds/uncontested/amicable-divorce-facts-and-tips-4523.shtml.
Need a Divorce Mediator in Phoenix or Scottsdale?
We have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and costs contained. Call today for an initial consultation at 480-240-0040 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.
*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.